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{
    "id": 1470487,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1470487/?format=api",
    "text_counter": 2072,
    "type": "speech",
    "speaker_name": "Mr. Elisha Ongoya",
    "speaker_title": "",
    "speaker": null,
    "content": "Time will not permit me to point at specific audit queries having in present here we know those audit questions. Section 53 of the Public Audit Act has a side note entitled ‘Implementation of Reports.’ These are audit reports by an accounting officer. Section 53(1) of the Public Audit Act provides that- “The relevant accounting officer of a state organ or public entity shall within three months after Parliament has considered and made recommendations on the audit report.” So, first, there is an audit report. Two, there is parliamentary consideration of the audit report. Three, there are actions to be taken which are- Take the relevant steps to implement the recommendations of Parliament on the report of the Auditor General (AG) or give explanations in writing to Parliament on why the report has not been acted upon. The law itself actually anticipates failure to act on those reports with reason. Hon. Senators, there is a principle in law called the Subsidiarity Principle. The Principle of Subsidiarity in law dictates that a dispute must be resolved at the lowest institution competent to resolve it. For example, as a litigation lawyer, if I have a case that can competently be handled by the High Court, but when I look at the law, it can also competently be handled by a lower court such as a Magistrate's Court. I am obligated to file that case in the Magistrate's Court, which is the lowest court competent to hear that dispute. We now know that the Meru County Assembly has not exercised its mandate by seizing this report and making necessary recommendations on steps to be taken to implement the report. Instead, it has picked the reports and come to this House with those reports. Speaking for myself, I want to believe that that is overburdening this very busy House. I want to suggest to you Senators that if you set a precedent here in these proceedings that a county assembly can do that; it means that if we get a year where the 47 county governments with some issues - you know better than I do that virtually every year every county government has some issues in the audit reports - it is possible for county assemblies to bring 47 impeachment Motions here. I suspect that may break the functional machinery of this House. I think that you better take a position in this matter that reminds county assemblies that they also have a role to discharge; to sit, invite relevant officers of the Executive, interrogate audit reports, resolve disputes that can be resolved there first, then come here with only such residues of issues that the relevant officers have proved to be incorrigible. That is my humble submission distinguished Senators. There is a cadre of claims before you where I submit, respectfully, that the County Assembly is, in fact, the author of the problem. It has then brought the Governor here; the alleged failure to appoint the chairpersons of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board and Meru County Investment and Development Corporation (MCIDC) Board. I invite you to look at the correspondences at Pages 53, 54, 57, 58, 60, 61, 62, 65, 67, 84, the document at Pages 85 to163, and the document at Page 135 of Volume 1B of the Governor’s documents. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}